Exam 4: Intentional Torts and Torts Impacting Business

Jim was assigned to a different workroom at the factory.During the day,he became increasingly upset with one of his new co-workers,Mr.Saur,who criticized everything he did.After several hours of this,Jim said,"I could do a little better in here if you kept your mouth shut." Saur answered,"You young @#$%%,you make me sick," and with that he intentionally knocked over a machine that would have hit Jim if he hadn't jumped out of the way.Jim picked up a paper cup of water and threw its contents at Saur,saying,"Cool down,old man." Some of the water hit Saur,who then ran over and hit Jim hard with a piece of pipe.Charlie,another worker,grabbed Jim by the hair and pulled him out of the room,away from Saur.On these facts,which of the following is true?

A person can be sued for trespass when he accidentally crashes onto another person's property after losing control of his car.

Explain the principle of vicarious liability and give an example.

After the Leans began to use their new swimming pool,they found that they could not use it because of the smell coming from their neighbour's chicken coop.They knew of the chickens when they moved in but had no idea that the smell could be so overpowering,especially during the summer.Which of the following is true with regard to the legal position of the parties?

The federal government's Personal Information and Electronic Documents Act applies in all provinces except where legislation that provides for equivalent protection has been passed by the province.

What is trespass to chattels?

Explain in what circumstances the defence of absolute privileges is available in defamation action.

Which of the following actions constitutes an assault?

Which of the following is true in respect of privacy law in Canada?

Name two examples of federal privacy legislation.

When a person throws a hammer at another and that person ducks,this is an example of an assault.

Explain what is meant by "punitive damages" and when such remedies would be available in a tort action.

Which of the following is true with regard to the torts of assault and battery?

All of the following are examples of unfair competition except

Joe is a publisher for a newspaper and relied on Harry's account when he published an article stating that a councillor,Sam,had been caught making indecent telephone calls.It turned out later that Joe had misunderstood,and it was someone else that had made the calls.Sam sued for defamation.Will he succeed?

What is conversion?

The federal legislation that regulates the collection and use of personal information in the private sector is known as the

A published false statement that injures the reputation of the person it concerns is called defamation.

Which of the following actions would not result in a successful tort action by the person or persons wronged? Assume that all the persons involved learn these facts.

Businesses that deal directly with the public,especially in service industries,may find their employees becoming involved in altercations with customers in the course of their work.Such altercations